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ARTICLE · 23 SEPTEMBER 2013

Beware A Failure To Accommodate Employee Ordered Reinstated With Back Pay After An 11.5 Year Absence

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Most employers are generally aware that they have a duty to accommodate ill or injured employees to the point of undue hardship.

CanadaEmployment and HR
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Most employers are generally aware that they have a duty to accommodate ill or injured employees to the point of undue hardship. The recent decision of the Ontario Human Rights Tribunal in Fair v Hamilton-Wentworth District School Board 2013 HRTO 440 demonstrates just how seriously an employer should treat this obligation.

Background

Sharon Fair had been employed by the School Board as the Supervisor, Regulated Substances, Asbestos when she went off work in October, 2001 for a generalized anxiety disorder. She was also ultimately diagnosed with depression and post-traumatic stress disorder which eventually put her on long-term disability in March, 2002. In April, 2004 after two years on LTD, Fair was assessed as capable of re-employment but not in her original position. The School Board took the position that there was no suitable position available for Fair in light of her limitations and accordingly terminated her employment in July, 2004.

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